Key Bill Of Amendments To The Mexican Federal Labor Law And Its Potential Impacts On Employers In Mexico

On September 1, 2012, President of Mexico Felipe Calderón submitted to the Mexico House of Representatives a bill of amendments to the Federal Labor Law (FLL), which was thereafter approved almost in its entirety by the House of Representatives and the Senate. This proposed bill of amendments is expected to become effective within the coming days and is highly significant for the legal labor framework of Mexico. If approved, it would have a major […]

By | November 13th, 2012 ||

California Workers' Compensation Statute Held Not To Support A Common Law Tort Claim

California Labor Code section 132a, the anti-retaliation provision of the state workers’ compensation statute, has commonly been used to support a tort claim for wrongful termination in violation of public policy. Plaintiffs often argue at the demurrer stage that the California Supreme Court’s decision in City of Moorpark, 18 Cal. 4th 1143 (1998), provides the basis for such relief. City of Moorpark, however, never actually addressed the specific issue of whether Labor Code section 132a could […]

By | November 10th, 2012 ||

Canada: "Unacceptable Burden" On Employer To Keep Two Fighting Employees Apart

A journeyman electrician employed by Hydro One Inc. was properly dismissed because, during an altercation, he pushed another employee causing him to lose his footing and fall down metal stairs outside a trailer, the Ontario Labour Relations Board has held.

The OLRB decided that the employee’s push of his coworker was unplanned and “strictly a reaction to a scenario instigated by” the coworker. Both employees were “strong-willed individuals who enjoyed their combative relationship and have […]

By | November 7th, 2012 ||